senate Bill S1799

Prohibits sex offenders from residing within a child day care center

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 12 / Jan / 2011
    • REFERRED TO CODES
  • 04 / Jan / 2012
    • REFERRED TO CODES

Summary

Prohibits sex offenders from residing within a child day care center; violation of such prohibition shall be a class E felony upon the first conviction thereof and a class D felony upon a second or subsequent conviction.

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Bill Details

See Assembly Version of this Bill:
A2923
Versions:
S1799
Legislative Cycle:
2011-2012
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §§10.00 & 65.10, Pen L; amd §§168-a & 168-t, rel §168-w to be §168-x, add §168-w, Cor L
Versions Introduced in 2009-2010 Legislative Cycle:
S6625, A10254

Sponsor Memo

BILL NUMBER:S1799

TITLE OF BILL:
An act
to amend the penal law and the correction law, in relation to
prohibiting sex offenders from residing within child day care centers

PURPOSE:
This bill would prohibit sex offenders from residing within a
building used as a child day care center.

SUMMARY OF PROVISIONS:
Section 1 of the bill adds a new subdivision 21 to the Penal Law that
defines a "child day care center" and its boundaries.

Section 2 of the bill amends subdivision 4-a of section 65.10 of the
Penal Law to require a sentence of probation or conditional discharge
upon a registered sex offender that such offender shall be prohibited
from residing within a child day care center.

Section 3 of the bill adds a new subdivision 19 to section 168-a of
the Correction Law to define "child day care center" and its
boundaries.

Section 4 of the bill amends section 168-t of the Correction Law so
that any registered sex offender who resides in a child day care
center shall be guilty of a class E felony.

Section 5 of the bill creates a new section 168-w to the Correction
Law which prohibits any sex offender required to register from
residing within any child day care center.

Section 6 of the bill is the effective date.

JUSTIFICATION:
There was a recent case on Long Is1and where a registered sex offender
was found to be living in the same building as a child day care
center that was registered with the New York State Office of Children
and Family Services. This type of situation cannot be tolerated and
there should be criminal consequences to such an action. This bill
would make it a class E felony for any registered sex offender to
reside in a building that contains a child day care center.

LEGISLATIVE HISTORY:
2009-2010: S.6625/A.10254

FISCAL IMPLICATIONS:
None.

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding
the date on which it shall have become a law.


view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1799

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 12, 2011
                               ___________

Introduced  by  Sen. JOHNSON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the penal law and the correction  law,  in  relation  to
  prohibiting sex offenders from residing within child day care centers

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 10.00 of the penal law is amended by adding  a  new
subdivision 21 to read as follows:
  21.  "CHILD  DAY  CARE CENTER" MEANS ANY BUILDING, STRUCTURE, ATHLETIC
PLAYING FIELD, PLAYGROUND OR LAND CONTAINED  WITHIN  THE  REAL  PROPERTY
BOUNDARY LINE OF A PROGRAM OR FACILITY CARING FOR CHILDREN FOR MORE THAN
THREE  HOURS  PER DAY PER CHILD IN WHICH CHILD DAY CARE IS PROVIDED BY A
CHILD DAY CARE PROVIDER, AS SUCH TERM IS DEFINED  IN  PARAGRAPH  (B)  OF
SUBDIVISION  ONE  OF SECTION THREE HUNDRED NINETY OF THE SOCIAL SERVICES
LAW, INCLUDING THOSE PROGRAMS OPERATING AS A GROUP FAMILY DAY CARE HOME,
AS SUCH TERM IS DEFINED IN PARAGRAPH (D) OF SUBDIVISION ONE  OF  SECTION
THREE HUNDRED NINETY OF THE SOCIAL SERVICES LAW, A FAMILY DAY CARE HOME,
AS  SUCH  TERM IS DEFINED IN PARAGRAPH (E) OF SUBDIVISION ONE OF SECTION
THREE HUNDRED NINETY OF THE SOCIAL SERVICES LAW, AND A SCHOOL AGE  CHILD
CARE  PROGRAM,  AS  SUCH TERM IS DEFINED IN PARAGRAPH (F) OF SUBDIVISION
ONE OF SECTION THREE HUNDRED NINETY OF THE SOCIAL SERVICES LAW.
  S 2. Subdivision 4-a of section 65.10 of the penal law is  amended  by
adding a new paragraph (c) to read as follows:
  (C)  WHEN  IMPOSING  A  SENTENCE OF PROBATION OR CONDITIONAL DISCHARGE
UPON A PERSON CONVICTED OF AN OFFENSE FOR WHICH REGISTRATION  AS  A  SEX
OFFENDER  IS  REQUIRED  PURSUANT TO ARTICLE SIX-C OF THE CORRECTION LAW,
THE COURT SHALL REQUIRE, AS A MANDATORY CONDITION OF SUCH SENTENCE, THAT
SUCH SENTENCED OFFENDER SHALL REFRAIN FROM RESIDING WITHIN A  CHILD  DAY
CARE CENTER.
  S  3.  Section  168-a of the correction law is amended by adding a new
subdivision 19 to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02937-01-1

S. 1799                             2

  19. "CHILD DAY CARE CENTER" MEANS ANY  BUILDING,  STRUCTURE,  ATHLETIC
PLAYING  FIELD,  PLAYGROUND  OR  LAND CONTAINED WITHIN THE REAL PROPERTY
BOUNDARY LINE OF A PROGRAM OR FACILITY CARING FOR CHILDREN FOR MORE THAN
THREE HOURS PER DAY PER CHILD IN WHICH CHILD DAY CARE IS PROVIDED  BY  A
CHILD  DAY  CARE  PROVIDER,  AS SUCH TERM IS DEFINED IN PARAGRAPH (B) OF
SUBDIVISION ONE OF SECTION THREE HUNDRED NINETY OF THE  SOCIAL  SERVICES
LAW, INCLUDING THOSE PROGRAMS OPERATING AS A GROUP FAMILY DAY CARE HOME,
AS  SUCH  TERM IS DEFINED IN PARAGRAPH (D) OF SUBDIVISION ONE OF SECTION
THREE HUNDRED NINETY OF THE SOCIAL SERVICES LAW, A FAMILY DAY CARE HOME,
AS SUCH TERM IS DEFINED IN PARAGRAPH (E) OF SUBDIVISION ONE  OF  SECTION
THREE  HUNDRED NINETY OF THE SOCIAL SERVICES LAW, AND A SCHOOL AGE CHILD
CARE PROGRAM, AS SUCH TERM IS DEFINED IN PARAGRAPH  (F)  OF  SUBDIVISION
ONE OF SECTION THREE HUNDRED NINETY OF THE SOCIAL SERVICES LAW.
  S 4. Section 168-t of the correction law, as amended by chapter 373 of
the laws of 2007, is amended to read as follows:
  S  168-t.  Penalty. Any sex offender required to register or to verify
pursuant to the provisions of this article  who  fails  to  register  or
verify  in  the  manner and within the time periods provided for in this
article,  OR  WHO  VIOLATES  THE  PROVISIONS  OF  SECTION  ONE   HUNDRED
SIXTY-EIGHT-W  OF  THIS ARTICLE shall be guilty of a class E felony upon
conviction for the first offense, and upon conviction for  a  second  or
subsequent offense shall be guilty of a class D felony. Any sex offender
who violates the provisions of section one hundred sixty-eight-v of this
article shall be guilty of a class A misdemeanor upon conviction for the
first  offense,  and  upon conviction for a second or subsequent offense
shall be guilty of a class D felony. Any such  failure  to  register  or
verify  may  also  be  the  basis  for  revocation of parole pursuant to
section two hundred fifty-nine-i of the executive law or the  basis  for
revocation  of  probation  pursuant  to  article four hundred ten of the
criminal procedure law.
  S 5. Section 168-w of the correction law, as relettered by chapter 604
of the laws of 2005, is relettered section 168-x and a new section 168-w
is added to read as follows:
  S 168-W. PROHIBITION ON RESIDING WITHIN A CHILD DAY CARE CENTER.    NO
SEX  OFFENDER REQUIRED TO REGISTER PURSUANT TO THIS ARTICLE SHALL RESIDE
WITHIN ANY CHILD DAY CARE CENTER.
  S 6. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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